(1) Promptly report to the commission any facts or circumstances
related to video lottery operations which constitute a violation of
state or federal law;

(2) Conduct all video lottery activities and functions in a
manner which does not pose a threat to the public health, safety or
welfare of the citizens of this state, and which does not adversely
affect the security or integrity of the lottery;

(3) Hold the commission and this state harmless from and defend
and pay for the defense of any and all claims which may be asserted
against a license or permit holder, the commission, the state or
the employees thereof, arising from the license or permit holder's
participation in the video lottery system authorized by this
article;

(4) Assist the commission in maximizing video lottery revenues;

(5) Maintain all records required by the commission;

(6) Upon request by the commission, provide the commission
access to all records and the physical premises of the business or
businesses where the license or permit holder's video lottery
activities occur, for the purpose of monitoring or inspecting the license or permit holder's activities and the video lottery games,
video lottery terminals and associated equipment; and

(7) Keep current in all payments and obligations to the
commission.

(b) Manufacturers shall:

(1) Manufacture terminals and associated equipment for placement
in this state in accordance with the specifications and procedures
specified in sections five and six of this article;

(3) Maintain and provide an inventory of spare parts to assure
the timely repair and continuous operation of licensed video
lottery terminals intended for placement in this state;

(4) Provide to licensed racetracks and permitted service
technicians technical assistance and training in the service and
repair of video lottery terminals and associated equipment so as to
assure the continuous authorized operation and play of the video
lottery terminals; and

(5) Obtain certification of compliance under the provisions of
part fifteen of the federal communication commission rules for all
video lottery terminals placed in this state.

(c) Service technicians shall:

(1) Maintain all skills necessary for the timely repair and
service of licensed video lottery terminals and associated
equipment so as to ensure the continued, approved operation of those terminals;

(1) Attend all commission mandated meetings, seminars and
training sessions concerning the validation and redemption of video
lottery winning tickets and the operation of all ticket validation
terminals and equipment;

(2) Maintain all skills necessary for the accurate validation of
video lottery tickets; and

(f) The specific duties required of all licensed racetracks are
as follows:

(1) Acquire video lottery terminals by purchase, lease or other
assignment and provide a secure location for the placement,
operation and play of the video lottery terminals;

(2) Pay for the installation and operation of commission
approved telephone lines to provide direct dial-up or on-line
communication between each video lottery terminal and the
commission's central control computer;

(3) Permit no person to tamper with or interfere with the
operation of any video lottery terminal;

(4) Ensure that telephone lines from the commission's central
control computer to the video lottery terminals located at the
licensed racetrack are at all times connected and prevent any
person from tampering or interfering with the operation of the
telephone lines;

(5) Ensure that video lottery terminals are within the sight and
control of designated employees of the licensed racetrack;

(6) Ensure that video lottery terminals are placed and remain
placed in the specific locations within the licensed racetrack
which have been approved by the commission. No video lottery
terminal or terminals at a racetrack shall be relocated without the
prior approval of the commission;

(7) Monitor video lottery terminals to prevent access to or play
by persons who are under the age of eighteen years or who are
visibly intoxicated;

(8) Maintain at all times sufficient change and cash in the denominations accepted by the video lottery terminals;

(9) Provide no access by a player to an automated teller machine
(ATM) in the area of the racetrack where video lottery games are
played, accept no credit card or debit card from a player for the
exchange or purchase of video lottery game credits or for an
advance of coins or currency to be utilized by a player to play
video lottery games, and extend no credit, in any manner, to a
player so as to enable the player to play a video lottery game;

(10) Pay for all credits won upon presentment of a valid winning
video lottery ticket;

(11) Report promptly to the manufacturer and the commission all
video lottery terminal malfunctions and notify the commission of
the failure of a manufacturer or service technician to provide
prompt service and repair of such terminals and associated
equipment;

(12) Conduct no video lottery advertising and promotional
activities without the prior written approval of the director;

(13) Install, post and display prominently at locations within
or about the licensed racetrack, signs, redemption information and
other promotional material as required by the commission;

(14) Permit video lottery to be played only during those hours
established and approved by the commission;

(15) Maintain general liability insurance coverage for all video
lottery terminals in an amount of at least two million dollars per
claim;

(16) Promptly notify the commission in writing of any breaks or
tears to any logic unit seals;

(17) Assume liability for lost or stolen money from any video
lottery terminal; and

(18) Submit an audited financial statement, which has been
approved by the commission, to the commission when applying for a
license or permit and annually thereafter prior to the time a
license or permit may be renewed.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.